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THE INSTITUTES OF GAIUS

AND

RULES OF ULPIAN.

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THE

INSTITUTES OF GAIUS

AND

RULES OF ULPIAN.

THE FORMER FROM STUDEMUND'S APOGRAPH

OF THE VERONA CODEX.

WITH

TRANSLATION AND NOTES, CRITICAL AND EXPLANATORY,

AND COPIOUS ALPHABETICAL DIGEST.

BY

JAMES MUIRHEAD,

PROFESSOR OF THE CIVIL LAW IN THE UNIVERSITY OF EDINBURGH.

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EDINBURGH:
T. & T. CLARK, LAW BOOKSELLERS.

1880.

S. dnes.

PREFACE.

SOME apology may be thought necessary for a new edition of the Institutional Commentaries of Gaius, with Translation and Notes, in presence of the two excellent ones we already possess from the pens of Mr. Poste and Messrs. Abdy and Walker. It is that neither of these incorporates the results of Studemund's revision of the Verona Codex.

I began this book with no other intention than that of correcting from his Apograph my own copy of the text previously in use. I soon found that the margins were insufficient to contain the amendments his fac-simile revealed, and that every here and there an interleaved note was required. Before long I was so impressed with the value of the corrections and additions that it became a matter of regret to me that they were not accessible to students. So I set myself, in the hours I could spare from other duties, to prepare an edition for college use; and, to make it more serviceable, I eventually resolved to add to it a translation and notes.

Had the recent editions of Krueger, Huschke, and Polenaar, which all embody Studemund's amendments, been published earlier, my task probably would never have been undertaken; they are the work of much more competent hands than mine, directed by profound knowledge of their subject, and by great critical and palæographical experience. But that of Krueger, edited in conjunction with Studemund himself, did not appear until the end of 1877; Huschke's appeared last year; and the last part of Polenaar's only in the beginning of the present one. Their successive publication has contributed to the delay in the appearance of the present volume; for they occasioned three revisions of my text after its completion, that I might have the opportunity of introducing any readings of theirs that seemed to me preferable to my own. It was with agreeable surprise I found how little those I had adopted varied from those of Krueger and Huschke; frequently when I differed from them I accepted their interpretations

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